Holley et al v. Gilead Sciences, Inc.

Filing 1043

ORDER RE: CHRISTOPHER BRUGGEMAN'S MOTION TO INTERVENE AND MOTION FOR LEAVE TO SUPPLEMENT INTERVENTION PLEADINGS Re: ECF Nos. #966 , #970 . Signed by Judge Jon S. Tigar on October 20, 2022. (dts, COURT STAFF) (Filed on 10/20/2022) Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ADRIAN HOLLEY, et al.,
Plaintiffs,

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United States District Court
Northern District of California

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v.
GILEAD SCIENCES, INC.,
Defendant.

Case No. 18-cv-06972-JST
ORDER RE: CHRISTOPHER
BRUGGEMAN’S MOTION TO
INTERVENE AND MOTION FOR
LEAVE TO SUPPLEMENT
INTERVENTION PLEADINGS
Re: ECF Nos. 966, 970

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Christopher R. Bruggeman seeks to intervene as a plaintiff in this case. ECF No. 966. The

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Court defers ruling on that motion but grants Bruggeman’s motion for leave to supplement

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intervention pleadings, ECF No. 970.

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Defendant Gilead Sciences, Inc. does not believe that Bruggeman meets the requirements

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for intervention as a matter of right under Rule 24(a) of the Federal Rules of Civil Procedure.

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Gilead also opines that it “is unclear” whether Bruggeman satisfies the standard for permissive

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intervention under Rule 24(b). ECF No. 969 at 4. However, Gilead has no objection to

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Bruggeman’s intervention if:

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Mr. Bruggeman complies with the requirements of Rule 24(c) and
prepares and files his own complaint in a separate action; agrees to
stipulate to consolidating his action for pretrial purposes with the
above-captioned consolidated Holley action; and agrees to be
subject to the same obligations and deadlines as every other plaintiff
in the consolidated Holley action, including the requirement to
submit a Plaintiff Fact Sheet (“PFS”).

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Id. Plaintiffs also do not oppose Bruggeman’s intervention “[f]or substantially the same reasons

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cited by Gilead.” ECF No. 980 at 2.

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It appears that Bruggeman may seek to stand on the existing pleadings. See ECF No. 1012
at 4. However, these are a collection of individual cases and not a class action, and Bruggeman

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must therefore file his own complaint or be added to an existing complaint by Plaintiffs’ counsel,

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should Plaintiffs’ counsel choose to represent him. The Court encourages Plaintiffs’ counsel to

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communicate with Bruggeman to determine whether they will represent him.

United States District Court
Northern District of California

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Plaintiffs’ counsel shall file a statement regarding their potential representation of

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Bruggeman within 35 days of the date of this order. The Court will grant a request for a

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reasonable extension if counsel encounters difficulties communicating with Bruggeman. If

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Plaintiffs’ counsel will represent Bruggeman, they shall propose in their statement a deadline by

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which an amended complaint will be filed.

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In the meantime, Bruggeman shall consider Gilead’s suggested conditions for his

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intervention, including when he would be able to file his own complaint if Plaintiffs’ counsel do

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not represent him, whether he agrees to consolidate his claims with the Holley action, and whether

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he agrees to comply with the requirement to submit a Plaintiff Fact Sheet. The Court will require

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a written response from Bruggeman if Plaintiffs’ counsel decline to represent him.

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The Clerk shall serve a copy of this order on Bruggeman at the address listed in his

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motion. In addition, because Bruggeman states that he did not receive a copy of Gilead’s

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opposition to his motion for intervention, ECF No. 1012 at 2, the Clerk shall also serve a copy of

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ECF No. 969 on Bruggeman. Finally, the Clerk shall serve on Bruggeman a copy of ECF No. 83,

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including exhibits, so that he can review the Plaintiff Fact Sheet required of all plaintiffs in these

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consolidated cases.

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IT IS SO ORDERED.
Dated: October 20, 2022
______________________________________
JON S. TIGAR
United States District Judge

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